Wills and trusts by state › Missouri
Missouri estate planning
Will, trust, or both in Missouri?
Missouri was early to allow beneficiary deeds for real estate, and since August 2025 it also recognizes electronic wills. A trust may still make sense if you want privacy or plan for property in more than one place.
Missouri at a glance
- Witnesses for a will
- Two. A notary isn't required; a self-proving affidavit is available.
- Handwritten wills
- Not recognized in Missouri.
- Small-estate shortcut
- Small estate affidavit for up to $40,000, after a 30-day wait.
- Real estate without probate
- Beneficiary deeds are allowed, and vehicles can have transfer-on-death titles.
- Property system
- Common law (separate property).
- Estate or inheritance tax
- None at the state level since 2005.
- New in 2025
- Electronic wills and electronic self-proving are authorized (effective Aug. 28, 2025).
How probate works in Missouri
Missouri probate is handled by the probate division of the circuit court. When the will allows it or the heirs agree, the estate can use independent administration, which means fewer court approvals along the way.
For estates of $40,000 or less, a small estate affidavit can be used 30 days after death. If the property is worth more than $15,000, a notice to creditors must also be published.
Where a trust fits
Missouri follows the Uniform Trust Code, and a trustee can use a certification of trust with banks and title companies.
Because beneficiary deeds and payable-on-death accounts already avoid probate, many Missouri plans combine them with a will. A revocable trust adds privacy and a plan for managing property if you become unable to.
Questions to bring to a Missouri estate-planning attorney
- Should my home pass by beneficiary deed or through a trust?
- Is an electronic will an option for me, and how would it be stored?
- Would my estate qualify for independent administration?
- How do the Missouri spousal share and homestead allowance apply to my plan?
- Are all my accounts and vehicles set up with the right beneficiaries?
Start with five questions.
The free quiz gives you a personalized educational starting point. The optional $67 workbook helps you organize your information and questions before your appointment.
The workbook organizes your answers. It does not create a will, trust or other legal document.
Sources · checked November 2026